Telangana High Court
Vaidik Dharma Prakashika Marathi And 2 ... vs The State Of Telangana And 4 Others on 26 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.7378 OF 2022
ORDER:
Heard Sri Gangisetty Rajeswara Rao, learned
counsel appearing on behalf of the petitioners and
learned Government Pleader for School Education
appearing on behalf of the respondent Nos.1, 3 to 5 and
learned Government Pleader for Finance and Planning
appearing on behalf of respondent No.2.
2. The petitioners approached this Court seeking the
relief as under:
"To issue a writ, order or direction more
particularly one in the nature of Writ of
Mandamus declaring the action of the
respondents in not permitting the petitioner
schools for filling up of the 12 Aided Secondary
Grade Teacher Posts in Primary School and 9
Teaching and Non teaching Posts in High
School (3rd petitioner school) which has fallen
vacant due retirement and promotions under
the guise of ban imposed by the Government
Memo No 12080/COSE/A2/2004-4 Dated 20.
10.2004, which was declared illegal, arbitrary,
discriminatory against the principles of natural
justice and violative of Articles 14, 19(1)(g)
21-A and 45 of the Constitution of India apart
from the provisions of the Right of Children to
Free And Compulsory Education Act 2009 and
Consequently direct the respondents to accord
permission to the petitioner school for filling
up of the 12 Aided Secondary Grade Teacher
WP_7378_2022
SN,J
Posts in Primary Schools and 9 Teaching and
Non teaching Posts in High School (3rd
petitioner school) in clear vacant aided posts
in terms of G.O.Ms.No.1 Education Department
Dated 1.1.1994 and to pass such other order
or orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case."
3. Learned counsel appearing on behalf of the petitioners
submits that the petitioners are entitled for filing up of 12
Aided Secondary Grade Teacher Posts in Primary School and 9
Teaching and Non Teaching Posts in High School (3rd
petitioner school), through regular recruitment procedure as
contemplated under Rule 12 and 13 of the Telangana
Educational Institutions (Establishment, Recognition,
Administration and control of schools under Private
Management) issued in G.O.Ms.No.1 Education Department
dated 01.01.1994 as per the orders passed by this Court on
08.06.2021 in W.P.No.22853 of 2019 which had been upheld
by Division Bench of this Court passed in W.A.No.459 of 2021,
dated 24.11.2022 and also the Apex Court Judgment dated
09.01.2024 passed in SLP.No.3681 of 2023.
4. Learned counsel for the petitioners submits that the
petitioners may be directed to make a fresh representation
seeking a request to the respondents to permit the petitioners
WP_7378_2022
SN,J
Schools for filing up of 12 Aided Secondary Grade Teacher
Posts in Primary School and 9 Teaching and Non Teaching
Posts in High School (3rd petitioner school) which are fallen
vacant due to retirement and promotions of teachers, who
were working in the petitioner schools, through regular
recruitment procedure as contemplated under Rule 12 and 13
of the Telangana Educational Institutions (Establishment,
Recognition, Administration and control of schools under
Private Management) schools and the same may be
considered by the respondents in accordance to law as per
the rules as on date within a reasonable period.
5. Learned Assistant Government Pleader for School
Education appearing on behalf of the respondents submits
that upon the petitioners making a fresh representation
seeking the said relief, the same would be considered by the
respondents in accordance to law.
6. Taking into consideration the aforesaid submissions put
forth by both the learned counsel on record, the Writ Petition
is disposed of directing the petitioners to make a fresh
representation within one week from today requesting the
respondents to permit the petitioner schools for filling up of
WP_7378_2022
SN,J
12 Aided Secondary Grade Teacher Posts in Primary School
and 9 Teaching and Non Teaching Posts in High School (3rd
petitioner school) which are fallen vacant due to retirement
and promotions of the teachers, who were working in the
petitioner schools, through regular recruitment in accordance
to law as per the rules in force as on date. Upon the
petitioners making the said representation within one week
from today, the respondents are directed to consider the
same within two weeks thereafter and pass appropriate
orders, in accordance to law and duly communicate the
decision to the petitioner. No costs.
Miscellaneous petitions, if any, pending in this Writ
Petition, shall stand closed.
__________________________________
MRS JUSTICE SUREPALLI NANDA
Date:26.02.2024
dgr
